Victor Mignogna v. Funimation Productions, LLC, et al. (2019) - Vic's lawsuit against Funimation, VAs, and others, for over a million dollars.

[lawtwitterthrowaway]

Hah, as if Vic has much left to lose with discovery given what has happened.

I'll freely admit I don't know the state of his finances, but that's primarily what he has to lose. Money poured endlessly into a hole, with no vindication in sight. Oh, and his time, of course. In addition to whatever else might be dug up, I guess.

That makes no sense what so ever for ANY party. The TCPA is basically already done. Vic would be on the hook for 99% of damages if he is ruled against. What leverage could their possibly be to settle for that 1%. Monica, Toye, Marchi and funimation would walking free if they won, so why would they settle now.

Nothing you said makes any sense. Every party is invested in the TCPA and has no logical reason to settle before it is decided.

There's always reason to end a lawsuit before it's decided in court. Fears about what rulings might mean, avoiding having to spend more of your time and money on lawyers, getting out of the ever-growing emotional snarl of a years-long lawsuit and appeal.

They can be owed fees for years that it will take to get Vic to pay. This is of course ignoring the fact Vic can win on appeals and they get nothing.

200k+ is a pretty big chunk of change to have hanging out in the care of the court while you're waiting for appeals. Let alone that fact that losing on appeals would mean he's also liable for the money it would cost the defendants to oppose his appeal (and, let's be clear, appeals wouldn't be able to file new evidence and likely wouldn't consider the 2nd Am Pet). Not exactly a winning move.

You also seem to think thousands of pages of garbage and hearsay is going to be admissible in REASONABLE damages.

What exactly are you trying to say here? That defendants lawyers wouldn't be able to submit itemized bills for their fees incurred defending the claims?

Everything you wrote is accurate from my understanding. I am not sure that it is a case for why Funimation should stay in this case though. As others have pointed out, Vic has already been subject to some discovery and a deposition.

I don't think Funi has any reason to stay in the case. Frankly, I don't think they need to make any concessions at all in mediation, but they might allow Vic to get away with paying a reduced amount in attorney's fees in exchange for this ending entirely.

 

[VicMontana]

Do you think Chupp laid out his intentions with the TCPA in this meeting? Seems odd not to do that and then try to get sides to mediate. If he did lay out his intentions though would seem to make mediation possibly work, if he did state his intentions with the TCPA.

 

[AnOminous]

Be enjoying quiet life, dealing with simple cases.

The church case is anything but simple, it's been going on since 2010, and been to the Texas Supreme Court and appeals courts repeatedly, including at least one stinging rebuke.

 

[Sheryl Nome]

Do you think Chupp laid out his intentions with the TCPA in this meeting? Seems odd not to do that and then try to get sides to mediate. If he did lay out his intentions though would seem to make mediation possibly work, if he did state his intentions with the TCPA.

No I think Chupp laid out that this is a clusterfuck, the fact that Marchi is included shows you what a clusterfuck

 

[2lolis1cup]

200k+ is a pretty big chunk of change to have hanging out in the care of the court while you're waiting for appeals. Let alone that fact that losing on appeals would mean he's also liable for the money it would cost the defendants to oppose his appeal (and, let's be clear, appeals wouldn't be able to file new evidence and likely wouldn't consider the 2nd Am Pet). Not exactly a winning move.

What exactly are you trying to say here? That defendants lawyers wouldn't be able to submit itemized bills for their fees incurred defending the claims?

you assume it is going to be near 200k for REASONABLE damages. I think you are forgetting that damages get determined by a fact finder not a lawer on twitter. He doesn't have to file any new evidence for him to pass the TCPA. He clearly boomered some things in trial, but the judge did things he shouldn't.

What exactly are you trying to say here? That defendants lawyers wouldn't be able to submit itemized bills for their fees incurred defending the claims?

I can submit a copy of the bible in an exhibit for 50$ a page and that still won't mean shit. REASONABLE damages are owed for a reason. So dirt bags can't fluff their numbers and claim work that is meritless.

 

[I can't imagine]

Couple this with demonstrable facts like the fact he didn't know that defemation per se assumes damages.

I don't understand what you mean. He hasn't even dismissed the defamation claims; why would you think he doesn't know it assumes damages? I'm pretty sure he even said as much in the hearing.

 

[Sheryl Nome]

you assume it is going to be near 200k for REASONABLE damages. I think you are forgetting that damages get determined by a fact finder not a lawer on twitter. He doesn't have to file any new evidence for him to pass the TCPA. He clearly boomered some things in trial, but the judge did things he shouldn't.



I can submit a copy of the bible in an exhibit for 50$ a page and that still won't mean shit. REASONABLE damages are owed for a reason. So dirt bags can't fluff their numbers and claim work that is meritless.

Honestly just ignore that one, they're here just to troll and aren't even dumb enough to be entertaining.

 

[2lolis1cup]

Honestly just ignore that one, they're here just to troll and aren't even dumb enough to be entertaining.

I give them a reply or two. I wait until they get to the " durr clear and specific" part before I just start mocking them.

Who knows maybe I am and think one can read.

 

[AnOminous]

I give them a reply or two. I wait until they get to the " durr clear and specific" part before I just start mocking them.

Openly admitting he's here to bait and isn't even going to try to make it quality bait is enough to ignore.

 

[Sheryl Nome]

I give them a reply or two. I wait until they get to the " durr clear and specific" part before I just start mocking them.

Who knows maybe I am and think one can read.

Nah I'll give Dinky the benefit of at least having an original dumb idea, this one is just a T-greg dickrider which is too sad for words. He's parroting T-greg to just try to bait people.

 

[Gehenna]

I don't understand what you mean. He hasn't even dismissed the defamation claims; why would you think he doesn't know it assumes damages? I'm pretty sure he even said as much in the hearing.

In the hearing, Ty brought up that defemation per se assumes damages, Chupp said something along the lines of "I don't think they are".

 

[lawtwitterthrowaway]

you assume it is going to be near 200k for REASONABLE damages.

I am, yes. Calculations are rough and I certainly don't know the actual itemized bills or invoices (which is how such things are normally done: The prevailing party submits their itemized invoices to the judge and gets an amount determined to be reasonable back), but considering the kind of fees Ty says he charges should have already eaten up the GFM, it would not be unreasonable for the three lawyers on the other side to have also racked up a comparable amount.

I can submit a copy of the bible in an exhibit for 50$ a page and that still won't mean shit. REASONABLE damages are owed for a reason. So dirt bags can't fluff their numbers and claim work that is meritless.

What they have to show is A: Their normal per-hour rate. B: The amount of hours spent working on the stuff that got dismissed. Nobody charges 50 dollars per page of the bible. They charge hourly rates related to having to write up filings, be in court at hearings, sit in mediation...

 

[General Relativity QM]

Interesting fact. Vic is required to pay reasonable attorney's fees for each cause dismissed under TCPA, even if other causes are allowed to go forward. So, Vic has to pay Marchi's attorney, some of Ron and Monica's, and some of Funimation's (reasonable, of course).

D Magazine v. Rosenthal
https://law.justia.com/cases/texas/supreme-court/2017/15-0790.html

 

[Sheryl Nome]

Interesting fact. Vic is required to pay reasonable attorney's fees for each cause dismissed under TCPA, even if other causes are allowed to go forward. So, Vic has to pay Marchi's attorney, some of Ron and Monica's, and some of Funimation's (reasonable, of course).

D Magazine v. Rosenthal
https://law.justia.com/cases/texas/supreme-court/2017/15-0790.html

yeah everyone knew that.

 

[NotaLolyer]

Turns out the thing that happened today was Chupp ordering the parties into mediation. Either they resolve their issues by October 3rd, or he rules the day after.

Now this is just me reading between the lines, but it sure as hell sounds like Chupp has already written his ruling and is giving everybody one last chance to resolve things before he releases it.

Sounds like someone read a few pages he was supposed to already have read and realized he’s looking at a lot of appeals of his stupidity

If Chupp is ordering mediation, that seems to imply pretty heavily that the defamation charges are not going to be dismissed. Why force somebody to mediate an issue you intend to throw out?

Because he wants them all to settle

Could be he wants to see the case over with and out of his hair posthaste, instead of dealing with interlocutory appeals and regular appeals and the further waste of time and money associated with them.

Could be he's giving them one last chance to settle this outside the limelight. Could be any number of things.

In any case, it's certainly a strange and unusual move.

Lol the defendants can’t afford interlocutory appeals, Funimation sure, MoRonica? nope

Sounds to me like they should reject it and just let Chupp throw the whole thing out, then move to recuse him for his biased statements.

He's pretty obviously too emotionally impacted by the case and it's affecting his behavior and reasoning.

This please

The fact that he brought it up at a hearing for mediation indicates his decisions are at least in part motivated by ex parte communications from non-parties. Or was it even a hearing? It seemed more like the judge convening something to bellyache about his plights.

As they like to say, not a good look.

Yep, El Chuppo fucked the pooch and wants an oopsie poopsie outtie

There's a bunch to explain here, so I'll just try to get through it all. Firstly, even if an appeal happens, it won't happen immediately unless he dismisses Vic's whole case (which would preclude discovery). Second, if any claims make it past the TCPA, the case continues onwards into discovery and summary judgement, but the very fact that there are claims dismissed under the TCPA means that the defendants are presumably owed attorney's fees regarding those claims, which Vic would be required to post a bond for pending the outcome of the rest of the case. That's a bond for...I'm guessing 200k at the very least, which Vic would be required to cough up. Thirdly, discovery goes both ways. It wouldn't only be embarrassing and expensive for the defendants...

Discovery is already over for the defendants against Vic, If appeals court doesn’t affirm with what’s available then Discovery continues and it’s not precluded. They don’t have jack shit to discover further from Vic only Vic wins there.

Jaimie’s lawyer needs to present some invoices assuming he didn’t take this on contingency, he’s also not guaranteed his full invoice amount lmao

You’re also assuming the damages owed to Vic will be lesser than what Vic would pay for losing TI which is entirely preposterous.

Since they aren’t from either party, would they still be ex parte? My understanding of the term was one party communicating absent the other.

Yes, especially if his written opinion and ruling included any stupid remarks against the plaintiff for stuff he had no control over, gathering Chupp didn’t exactly clear up his laughable LPPF ruling, I could see him stupidly doing so.

 

[AnOminous]

Interesting fact. Vic is required to pay reasonable attorney's fees for each cause dismissed under TCPA, even if other causes are allowed to go forward. So, Vic has to pay Marchi's attorney, some of Ron and Monica's, and some of Funimation's (reasonable, of course).

D Magazine v. Rosenthal
https://law.justia.com/cases/texas/supreme-court/2017/15-0790.html

You're making a guess but I'd think it's a reasonably good guess if the case ends this way. Specifically, Marchi is the only one likely to get all her fees paid because her attorney is the only attorney who didn't unprofessionally act like a complete sped, engage in spastic, unnecessary motion practice, and hold several completely unnecessary depositions. Funimation would probably get a good chunk of their fees paid, at least for the dismissed count of conspiracy and any TI-related expenses, but Ron and Monica went through lawyers like toilet paper and engaged in absolute idiocy nearly non-stop.

 

[lawtwitterthrowaway]

You’re also assuming the damages owed to Vic will be lesser than what Vic would pay for losing TI which is entirely preposterous.

I'm perfectly willing to state that I think that TIEC was Vic's single strongest case, that Ty's exceptional boomering completely fucked its chances to get through both the hearing and the TCPA, and that the defamation and conspiracy claims are such sure losers that I am 100% certain Vic will never see a single cent of damages regarding them. Regardless, 12 (dismissed claims) is greater than 5 (which have yet to be ruled on), so yes, I am quite comfortable assuming that.

 

[LuNaS]

I'm perfectly willing to state that I think that TIEC was Vic's single strongest case, that Ty's exceptional boomering completely fucked its chances to get through both the hearing and the TCPA, and that the defamation and conspiracy claims are such sure losers that I am 100% certain Vic will never see a single cent of damages regarding them. Regardless, 12 (dismissed claims) is greater than 5 (which have yet to be ruled on), so yes, I am quite comfortable assuming that.

This makes me thing this site should have a super dumb rating, or something to that effect.

Also can someone confirm this

Twitter

 

[NotaLolyer]

I'm perfectly willing to state that I think that TIEC was Vic's single strongest case, that Ty's exceptional boomering completely fucked its chances to get through both the hearing and the TCPA, and that the defamation and conspiracy claims are such sure losers that I am 100% certain Vic will never see a single cent of damages regarding them. Regardless, 12 (dismissed claims) is greater than 5 (which have yet to be ruled on), so yes, I am quite comfortable assuming that.

Then you’re also admitting a court of appeals will not affirm chupps decisions on TI based on the TCPA standard, especially given he didn’t make clear wether the 2aP would be considered and the fact Ty later read straight from it without him batting an eye means it’s most definitely available in COA for Ty and so is Marchis DM and tweet “full context” which Ty presented after the break, even though Chupp had bench ruled, it was on the record.

 

[lawtwitterthrowaway]

Then you’re also admitting a court of appeals will not affirm chupps decisions on TI based on the TCPA standard,

I think it's an interesting question for the future, something for the defendants to keep in mind during mediation.

especially given he didn’t make clear wether the 2aP would be considered

He really, really did make clear, several times, that he wasn't considering the 2nd Amended Petition. He provisionally allowed the affidavits in, but considering they were originally attached to the 8/30 filing and certainly weren't the only new things in there, that's not saying much.